Commissions of Inquiry Act 1995

Commissions of Inquiry Act 1995

This Act may be cited as the Commissions of Inquiry Act 1995.

This Act commences on the day on which it receives the Royal Assent.

In this Act, unless the contrary intention appears –

act includes an omission or failure to act;

adverse finding means a finding of a Commission under section 19 that is adverse to the interests of a person;

authorised Commissioner hearing means a hearing of a Commission that is held as referred to in section 5A(1);

Commission means a Commission established under section 4;

Commissioner means a member of a Commission;

counsel means an Australian legal practitioner;

function includes duty;

misconduct means conduct by a person that could reasonably be considered likely to result in a criminal charge, civil liability, disciplinary proceedings, or other legal proceedings, being brought against that person in respect of the conduct;

officer of the Commission includes any person appointed under section 6 to assist a Commission and any person whose services are made available to a Commission under section 7;

reasonable excuse, in relation to an act by a person, means – if the person is a witness, or providing information, to a Commission, an excuse that would excuse the act by a witness in proceedings of a similar nature in a court of law; or if the person is the subject of a notice, or warrant in relation to a Commission, an excuse that would excuse the act by a person summoned before a court of law in proceedings of a similar nature in the court; or in any case, an excuse that the Commission considers reasonable in the circumstances in relation to the act by the person;

vehicle includes an aircraft and a vessel.

A reference to the Commission includes the following persons sitting for the purposes of an inquiry under this Act:

in relation to an authorised Commissioner hearing, the Commissioner or Commissioners holding the inquiry;

in relation to a Commission that is constituted by two or more Commissioners (except if paragraph (a) applies), the Commissioners;

in relation to a sole Commissioner, the Commissioner.

The Governor may, by order, if satisfied that it is in the public interest and expedient to do so – direct that an inquiry be made into a matter; and establish a Commission to conduct and report on that inquiry; and appoint one or more persons as members of that Commission; and fix a date for the delivery of the Commission's report; and provide for any other matter in relation to the inquiry, the Commission or the Commission's report as the Governor thinks fit.

The Governor may appoint a member of a Commission as its president.

For the avoidance of doubt, the Governor may, by order, amend or revoke an order under subsection (1) for any reason, including but not limited to – to appoint one or more persons as members of the Commission, whether before, or during, the inquiry that the Commission is established to conduct; or to amend a date referred to in subsection (1)(d) whether or not that date has passed.

An order under this section is not a statutory rule within the meaning of the Rules Publication Act 1953.

Schedule 1 has effect with respect to the membership of a Commission.

The function of a Commission is to conduct an inquiry into the matter in respect of which it is established and report to the Governor on that inquiry.

For the purposes of performing that function, a Commission may – hold hearings; and receive written submissions; and exercise all or any of the powers conferred on it by this Act.

Subject to this Act or any other Act, a Commission – may – conduct its inquiry in any manner that it considers appropriate; and obtain information in any manner that it considers appropriate; and determine its own procedure in conducting its inquiry; and must, in conducting its inquiry – observe the rules of procedural fairness; and comply with this Act; and act within the scope of the order under section 4(1) that established the Commission.

If a Commission is constituted by two or more Commissioners, a hearing of the Commission may be held by one or more of the Commissioners if each of the Commissioners holding the hearing is either – the President of the Commission; or authorised in writing by the President of the Commission to hold authorised Commissioner hearings in relation to the Commission.

The following person presides at an authorised Commissioner hearing:the President of the Commission; if the President is not one of the Commissioners holding the authorised Commissioner hearing, the Commissioner who is authorised in writing by the President to preside at the hearing.

Subject to the order by which it is established, a Commission may – make such arrangements as it considers necessary for the provision of services and facilities for its inquiry; and appoint such persons as it considers necessary to assist it including – persons to act as counsel, clerks, reporters and assistants; and persons having special knowledge.

The terms and conditions on which persons are appointed under subsection (1) are, subject to any relevant award or industrial agreement, as determined by the Commission.

The State Service Act 2000 does not apply to persons appointed under this section.

A Commission may arrange with the Head of a State Service Agency for the services of State Service officers and State Service employees employed in that Agency to be made available to it.

A Commission may arrange with an authority of the Commonwealth or another State for the services of officers or employees in the public service of the Commonwealth or State, or of the authority, to be made available to it.

In subsection (2) another State includes a Territory of the Commonwealth.

The Personal Information Protection Act 2004, section 24(1) of the Custodial Inspector Act 2016, section 26(1) of the Ombudsman Act 1978 and section 37 of the Health Complaints Act 1995 do not apply in relation to any information collected for communication to or communicated to the Commission of Inquiry into Institutional Child Sexual Abuse established on 4 March 2013.

The regulations may prescribe certain Acts, or certain provisions of Acts, as Acts or provisions that do not apply in relation to any information collected, or used, by or on behalf of a prescribed Commission.

A Commissioner has, in performing the duty of a Commissioner, the same protection and immunity as a judge of the Supreme Court.

Subsection (1) has effect notwithstanding the Statutory Authorities (Protection from Liability of Members) Act 1993.

A person who is appointed or made available to assist a Commission as counsel or in some other capacity has, in performing that duty in good faith, the same protection and immunity as counsel appearing before the Supreme Court.

A person who appears before or makes representations to a Commission as counsel for a witness or a person whose conduct is in issue in the inquiry has the same protection and immunity as counsel assisting the Commission.

A witness who appears before a Commission has the same protection and immunity as a witness appearing before the Supreme Court.